MHI & TMHA’s Challenge to DOE’s Energy Standards Likely to Move Forward

Today, the Federal District Court for the Western District of Texas heard oral arguments on the Department of Energy’s (DOE) motion to dismiss the complaint filed by MHI and the Texas Manufactured Housing Association (THMA) challenging the DOE’s May 2022 energy efficiency standards.

After both sides presented their argument, the District Court indicated that it would likely deny in substantial part the DOE’s motion to dismiss, thereby allowing MHI and THMA’s challenge to the energy standards to move forward. The District Court also stated that it would likely grant the DOE’s motion to the extent MHI and THMA are currently challenging the Enforcement Notice of Proposed Rulemaking. However, the Court stated that MHI and THMA could amend their Complaint to address enforcement rulemaking once it becomes final. The District Court stated that a formal order on the DOE’s motion would be forthcoming shortly. This likely ruling is a positive step forward in MHI and THMA’s challenge to the DOE’s energy standards. The next step will involve the DOE’s compiling of the administrative record as we advance toward a decision on the merits of the challenge.